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Professors Jocelyn Simonson and K. Sabeel Rahman Explore Police and Economic Reform

06/16/2020

Amidst ongoing nationwide protests following the death of George Floyd at the hands of a police officer in Minneapolis and recent calls to reform policing, forthcoming articles by Professors Jocelyn Simonson and K. Sabeel Rahman have been referenced in several news stories on the topic.

In their paper, “The Institutional Design of Community Control,” 108 California Law Review, __ (forthcoming 2020), Simonson and Rahman look at current movements proposing community control of the police and of economic development, analyzing how local government might shift power and attempt to redress inequality. The authors encourage scholars “to pay closer attention to the specific levers of power over which historically disempowered groups seek control, asking not just whether shifting power downward makes sense, but also how those shifts can (or cannot) be institutionalized.”

In the end, the authors conclude, “scholarly and political hesitancy around community control may be rooted less in the supposed inability of communities to exercise effective control over complex structural dynamics, and more in an elite suspicion of, and hesitancy with, bottom-up democracy itself—what we term a problem of ‘demophobia.’”

The article was also referenced in an article in Slate that suggested Congress could use its power to transform policing and promote racial justice by, for instance, withholding federal funding from localities that do not implement measures such as the creation of civilian commissions transferring “power from the police to the communities most affected by mass incarceration,” as outlined by Simonson and Rahman.

In a commentary, “Power over Policing,” published in Boston Review, Simonson references her article with Rahman to explore the numerous approaches to police reform that have been put forward and, in some cases, implemented, in towns and cities across the nation, including Minneapolis. She urges that “it’s past time to think beyond these now standard approaches to reform. We should instead heed the calls from social movements for actual power over policing and over the state’s understandings of its obligation to keep people safe.” The commentary was based on her forthcoming paper “Police Reform Through a Power Lens,” that will appear in the Yale Law Journal next year.

The joint article and Simonson’s commentary were also featured in the Law and Political Economy blog.

At the Law School, Simonson teaches courses in criminal law, criminal procedure, evidence, and social change. She is co-director of the Center for Criminal Justice. Her scholarship explores ways in which the public participates in the criminal process and in the institutions of local governance that control policing and punishment. Her articles have appeared or are forthcoming in top law reviews, including the Yale Law JournalHarvard Law Review, California Law Review, Columbia Law Review, and Georgetown Law Journal. Her work has been cited in U.S. Supreme Court decisions.

Rahman is president of Demos, a public policy organization focused on ensuring equality in the American democratic process and economy. At the Law School, Rahman teaches constitutional law and administrative law. He previously served as a special advisor to New York City on economic development issues and has worked and consulted for a variety of organizations on issues of democracy reform. He is the author of Civic Power: Rebuilding American Democracy in an Era of or Crisis (Cambridge University Press 2019) with Hollie Russon Gilman and Democracy Against Domination (Oxford University Press 2017).

Read Rahman and Simonson’s article here

Read the articles in Boston Review and Slate

Read the LPE blog posts here and here